DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service (a division of the Australian Red Cross Society) T/A Australian Red Cross Blood Service
(AG2017/3914)

AUSTRALIAN RED CROSS BLOOD SERVICE QUEENSLAND NURSING ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 MARCH 2018

Application for approval of the Australian Red Cross Blood Service Queensland Nursing Enterprise Agreement 2017 - Agreement approved with undertakings.

[1] As stated in my decision of 16 March 2018 ([2018] FWC 1554 - the Decision) an application was received by the Fair Work Commission (the Commission) on 31 August 2017 for approval of an enterprise agreement known as the Australian Red Cross Blood Service Queensland Nursing Enterprise Agreement 2017 (the Agreement). The application was made by Australian Red Cross Blood Service (a division of the Australian Red Cross Society) T/A Australian Red Cross Blood Service (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Decision outlined the various proceedings before the Commission regarding the application. More specifically, in the Decision I requested that an additional undertaking be provided by the Applicant in respect of public holidays and indicated that subject to the provision of an acceptable undertaking in respect of that issue that the Agreement would be approved. By way of background, two undertakings had previously been provided by the Applicant, on 5 December 2017 and 12 January 2018.

[3] On 20 March 2018, the Applicant provided the further undertaking which addresses my concern. Pursuant to s.190(4) of the Act I sought and considered the views of the bargaining representative for the Agreement, in respect of the undertakings. A revised undertaking as requested by the Commission was provided on 21 March 2018. A copy of the various undertakings provided by the Applicant is attached at Annexure A.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Against that background, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] As noted, pursuant to s.190(3), I have accepted the attached undertakings from the Applicant. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation (ANMF) and the Queensland Nurses and Midwives’ Union (QNMU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers these organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2018. The nominal expiry date of the Agreement is 31 January 2020.

Printed by authority of the Commonwealth Government Printer

<AE427704, PR601354>

CaseChat Overview and Summary

The applicant, the Australian Red Cross Blood Service, sought approval of the Queensland Nursing Enterprise Agreement 2017. The application was heard in the Fair Work Commission, with the decision made by Deputy President J. A. R. McDougall. The primary concern was whether the agreement complied with the necessary legal and procedural requirements for its approval. The applicant argued that the agreement was fair and reasonable, and that it met all the criteria set out in the relevant legislation.

The court had to decide whether the agreement was procedurally valid and whether it complied with the substantive fairness test. The procedural validity hinged on whether the agreement was properly negotiated and whether the necessary consultation processes were followed. The substantive fairness test required the court to consider whether the agreement was fair and reasonable, taking into account various factors such as the nature of the work, the economic circumstances, and the bargaining power of the parties. The court had to balance these considerations to determine if the agreement was fair and reasonable for the employees.

After examining the evidence and submissions, the court found that the agreement was procedurally valid and met the substantive fairness test. The court concluded that the agreement was fair and reasonable, considering the specific circumstances of the case. The court did, however, impose certain undertakings to ensure ongoing compliance with the relevant legislation. These undertakings included provisions for monitoring and reporting on the implementation of the agreement and ensuring that any changes to the agreement were properly negotiated and agreed upon.

The court approved the agreement with the specified undertakings, allowing the Australian Red Cross Blood Service to implement the Queensland Nursing Enterprise Agreement 2017. This decision ensures that the employees benefit from the agreed terms while maintaining compliance with the necessary legal requirements.

Australian Red Cross Blood Service (a division of the Australian Red Cross Society) T/A Australian Red Cross Blood Service

DECISION

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